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Mother Of Boy With Autism: I Am Very Sad

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WASHINGTON -- The Supreme Court is leaving in place an appeals court ruling that an autistic child from Ohio is not entitled to private education at taxpayer expense.

The court on Monday rejected an appeal from Jeff and Sandee Winkelman, who are seeking reimbursement from the Parma, Ohio, school district in suburban Cleveland. Their son, Jacob, is autistic.

The Winkelmans won a Supreme Court decision in 2007 that allowed them to pursue their case without hiring a lawyer.

"I'm very sad," said Sandee Winkelman. "We were right in pursuing it."

She said Jacob, 12, has been making progress attending a suburban Cleveland private school in Shaker Heights, the Monarch School for Autism.

"Jacob still has a disability and we have to look out for what we needs. It took him four years before he could even sit at a desk," she said.

Andrew Cuddy, a lawyer who represented the family of a contingency fee basis, said the Parma schools have paid two years of tuition for Jacob at Monarch School.

"We are disappointed the Supreme Court didn't take this case," he said.

He said a federal court has ruled the Parma district owes $174,000 for the Winkelmans' legal representation. Cuddy said tuition for Jacob is about $64,500 per school year.

"We didn't feel there was a legal issue raised that merited review by the U.S. Supreme Court," said Kevin Brennan, a Parma schools spokesman.

Christina Peer, an attorney for Parma schools, said the district was pleased with the court's ruling and felt it was the right decision.

The case is Winkelman v. Parma City School District, 08-1089.

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